Trespass in air

[lili1969]

Hello! new to this Forum and looking for some advice please.
In approx 1977 British Gas installed a mains gas pipe along a party wall which runs down my neighbours front garden also a flue.
Roll forward to 2018 and we renewed the boiler to a combi asked neighbour if ok to place new pipe ( condenser pipe)alongside existing gas pipe and he had no problem.
Work was completed . neighbour sadly died, and house was sold. New neighbour is now telling me unless I remove all pipe work he will take me to court for trespass. my question is do I have any chance of winning as it will cost thousands to relocate boiler and gas pipe which I just don't have #feeling very stressed
any help on this would be very gratefully appreciated thanks lisa

[echat11]

Hi LILI1969

I can't answer directly, but thinking it through, I'd say you have a pretty good case as there was existing 'mains gas pipe along a party wall' and that's been there for more then 20 years. Also your previous neighbour granted permission in 2018.
Try not to worry.

No doubt there have been cases that have provided precedent.

http://www.boundary-problems.co.uk/b...easements.html

https://democracy.north-herts.gov.uk/documents/s7304/Appendix%202b.pdf

I'm sure other members will provide more advice.

des8 Can you take a look and advise, many thanks.

[des8]

The existing pipe from the main to the meter is probably owned by your local distribution network owner (DNO), who include National Grid, Northern Gas Networks and Wales and West.
So good luck to your neighbour trying to get their pipes removed!

Your condenser pipe is a different matter, but first can you draw a plan of the situation showing the position of houses and pipe?
Have you by chance ever had your boundaries determined?

[echat11]

Also just a thought, the new owner of the house would have known about the gas pipes and the condenser pipe when they purchased the property.